BLACK HAWK, COLORADO
REQUEST FOR PROPOSAL PACKAGE
Public Relations Consultant Services
CITY OF BLACK HAWK
CITY MANAGER S OFFICE
201 SELAK STREET
P.O. BOX 68
BLACK HAWK, CO 80422
REQUEST FOR PROPOSALS
PUBLIC RELATIONS CONSULTANT SERVICE
for the City of Black Hawk, Colorado
The City of Black Hawk, Colorado will accept written proposals (4 sets) from qualified firms to
provide Public Relations Consultant services for the City of Black Hawk until 3:00 P.M.,
September 11, 2009 at the City Manager s office located at 201 Selak Street, Black Hawk,
Colorado. Proposals may be mailed to the Black Hawk City Manager at P.O. Box 68, Black
Hawk, Colorado 80422. Any proposals received after the specified deadline will be returned to
The City reserves the right to evaluate all proposals, to reject any or all proposals and solicit
again at a later date. The City may waive any irregularities in the proposal or negotiate
variances from specifications, and make an award that is in the best interest of the City. The
City will have final decision in all matters regarding acceptance of proposals and issuance of
Specific requirements for this project are contained in the attached Scope of Services.
Publication Date: August 17, 2009
RFP Public Relations Services Page 2 August 17, 2009
INSTRUCTIONS FOR PROPOSALS
PUBLIC RELATION CONSULTANT SERVICES
This Request for Proposals is being solicited under a multi-stop procurement procedure
consisting of three phases. The first step requires all firms to submit technical proposals
addressing only those items cited in Section II, Proposal Submittal Requirements, of the
Request for Proposals. Proposals will be evaluated and ranked based on the evaluation criteria
outlined in Section III, Proposals Evaluation, to select a short list of consultants for further
evaluation. Only those firms who are placed on the short list on the basis of the evaluation
criteria will be considered during the second phase.
During the second phase, interviews with the firms on the short list will be conducted. During
the third phase, the price proposal of the consultant ranked the highest by the evaluation panel
on the basis of the technical proposal and interview will be reviewed, and negotiations will be
held with that consultant. If a tentative agreement is reached with the top ranked consultant, the
staff s recommendation will be sent to Council for approval. Council approval may be subject to
successful negotiation of a final contract. The City and consultant then negotiate the details of
the final contract, Council approval of the award is obtained, the contact is signed, and work
may begin. Should the City be unable to reach agreement with the top ranked consultant,
negotiations will commence with the second ranked firm. This process will continue until a
satisfactory contract is negotiated, or the City exercises its right to reject all proposals.
Period of Award
The term of the contract to be from the date of award through the firm price period, and upon
the expiration of said period, the contract will terminate automatically, without notice, written or
oral. The initial award period will not exceed a total of twenty-four (24) months.
The City shall have the option to extend the contract for two (2) additional years from the
original date of award upon the same terms and conditions. All awards and extensions are
subject to annual appropriation of funds. The provisions of the foregoing paragraphs with
respect to extension of the term of the contract shall be null and void if the contract has been
terminated or revoked during the initial term or any extension thereof.
All decisions to extend the contract are at the option of the City.
Availability of Funds for Next Calendar Year
Funds are currently not available for the award until approved for the 2010 budget. Therefore,
the City is not obligated under this proposal unless funding is appropriated. This provision is
notwithstanding any other provision of the Request for Proposals addressing or affecting the
Amendments to the Request for Proposal
The City of Black Hawk reserves the right to amend this Request for Proposal by an addendum
at any time prior to the date set for receipt of proposals. Addenda or amendments will be
posted on the City of Black Hawk web site as soon as available and shall be the responsibility of
the offeror to obtain all addenda. If revisions are of such a magnitude to warrant, in the City of
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Black Hawk s opinion, the postponement of the date for receipt of proposals, an addendum will
be issued announcing the new date.
Proposals will be considered only from firms or individuals who are firmly established in an
appropriate business, who are financially responsible, and who have the resources and ability to
offer services in a professional and expedient manner. The City may request additional
information as deemed necessary. Failure to provide such information may result in the
proposal being considered non-responsive.
The City of Black Hawk reserves the right to reject any and all proposals, to waive any
informalities in the proposals received, and to accept the proposal deemed most advantageous
to the best interest of the City.
Questions regarding this Request of Proposals may be addressed to Michael Copp, City
Manager, Black Hawk City Hall, P.O. Box 68, Black Hawk, Colorado 80422 or by calling 303-
City of Black Hawk, Colorado
Attachments: Section I General Information
Section II Scope of Services
Section III Proposal Submittal Requirements
Section IV Proposal Evaluation
Section V Special Conditions
Section VI Sample Professional Services Agreement
RFP Public Relations Services Page 4 August 17, 2009
City of Black Hawk
The City of Black Hawk is located in Gilpin County Colorado, 40 minutes west of the Denver
metropolitan area, in the foothills of the Rocky Mountains. While the residential population
within the corporate limits is only 110, the City provides infrastructure and services to over
20,000 visitors a day, with the population swelling in excess of 60,000 per day on weekends and
holidays. Black Hawk and its sister gaming cities, Cripple Creek and Central City, are the only
Colorado municipalities hosting limited stakes gaming as defined by the State Constitution in a
measure passed in 1990. A subsequent amendment was passed in 2008 which increased
betting limits to $100, extended gaming operations to 24-hours and added the games of craps
From the beginning, the City of Black Hawk has faced a unique set of circumstances. In 1859,
when Black Hawk was founded, it was home to the working man, populated with stamp mills,
livery stables and company houses. Commercial establishments served the miners and the
livestock that provided the labor for most of the high cultured mine owners who lived up the hill
in Central City. Today, all three cities depend heavily on gaming revenues and each city faces
its own set of challenges for hosting gaming.
Another major challenge for Black Hawk city leaders is preserving the limited number of
remaining historical buildings in town through funding from the State Historical Society. Chief
among these concerns are the City s remaining 64 historic homes. Preserving and maintaining
these historical treasures is a costly task that requires a great deal of oversight by City staff.
These 64 homes represent 95 percent of the entire available housing, and City leaders treat the
preservation and restoration of these structures very seriously. These buildings are restored to
provide livable homes for the community, not just empty shells of once-vibrant buildings. They
are the basic resource and community infrastructure on which the continuance of the community
depends. Without these 64 homes, Black Hawk does not have a community. Without the
preservation and restoration program, these homes do not promote and will not sustain a
healthy and vibrant residential community which has been the City s longstanding vision for
the preservation and restoration program since Day One.
Over the past 18 years, from the inception of gaming, Black Hawk has successfully managed its
emerging resources and evolved from a sleepy mountain community, where Main Street was a
dirt road and water supplies were often limited during frozen winter months, to a bustling gaming
community with over 70 percent of the State s gaming market share. Today, Black Hawk s
infrastructure provides top quality services; including an upgraded water storage and distribution
system, 24-hour Police, Fire and EMT protection and highly maintained, all-weather roads.
Black Hawk city leaders believe the ongoing success and sustainability of the gaming industry
rests heavily on the ability to transition the Black Hawk experience from a local day-trip to a
renowned destination resort. Currently, Black Hawk is home to 3 hotels (452 total rooms), the
Isle of Capri Casino and Hotel, Lady Luck Casino and Hotel and The Lodge Casino and Hotel.
The Ameristar Casino will open a new hotel tower in October of 2009 which will add another 550
hotel rooms. City Leaders foresee continued growth and expansion of existing gaming
enterprises and are taking a prospective and active role in amenities and associated services
which are key components for the City of Black Hawk to become a destination resort. These
RFP Public Relations Services Page 5 August 17, 2009
may include items such as an event/convention center, future open space with hiking trails and
a golf course.
Nestled in a narrow valley on the scenic Peak-to-Peak Highway, there is limited highway access
to Black Hawk. Colorado State Highway 119 has improved significantly since the inception of
gaming and the City has successfully managed its infrastructure for the swelling population.
City leaders are preparing for the foreseeable challenges that will inevitably come with
increased betting limits and 24-hour gaming, i.e. transportation/highway issues, preservation
and restoration funding issues, future gaming legislation and statutory regulations, just to name
The effects of the suppressed state and national economy have already taken their toll on the
City of Black Hawk through significant decline in gaming revenues over the past 2 years. Black
Hawk has weathered the down turn by cutting its budget for 2009 by almost 12 percent.
However, with the onset of enhanced gaming, the City of Black Hawk is positioning itself to
embrace its third gold rush.
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SCOPE OF SERVICES
Public Relations Consultant Services
The Consultant shall perform Public Relations services for the City of Black Hawk, Colorado as
identified below. The categories listed represent the minimum serviced expected. In their
response to this Request for Proposal, Consultants shall identify other related services that they
1. Promote the City of Black Hawk s unique historical/gaming identity and promote Black
Hawk as a business-friendly community, and as a retail, cultural and outdoor recreation
2. Produce and provide four (4) streaming videos (quarterly) approved by the City Manager
or designees that are placed on the City s website and other sites to be determined. An
electronic copy will be provided to the City;
3. Develop a Communications Plan for the City of Black Hawk, assisting in
promoting/coordinating and communicating information with new media for City
sponsored community events, ground breakings, dedications, activities, programs and
issues including preparing written articles, speeches, public service announcements,
position papers, photography services and other communication information to the
public, City staff and organizations with an emphasis on modern and emerging media
4. Development and/or assistance in negotiating with other vendors for advertising or
public relations services as requested by City staff for advertising and special
promotional campaigns and public service announcements to the media including
coordination of TV spots, transportation plans, etc.;
5. Design and evaluation of citizens surveys; provide written spreadsheets, statistical
graphs and presentation of all findings;
6. Assist as needed with revisions to City s web page, including submission of photos and
7. Liaison activities between City and community organizations as needed;
8. Develop and present special reports to City Council as needed/requested;
9. Interfacing with City staff and elected officials:
a. Meet with City Manager, or designee, on a regular basis;
b. Facilitation of City s Public Relations Committee and attend monthly meetings;
c. Attend City Council meetings as required.
It is expected that proposals submitted contain a detailed description of the proposed public
relations strategy and the consultant will be familiar with current issues relating to the City of
Black Hawk and Black Hawk s rich history. The strategy to be used should include the
identification of key points in the process and the submittal of progress reports to the City of
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Black Hawk. The City, at its sole option, will reserve the right to direct the consultant to perform
only specific and select portions of the public relations tasks. This option will be exercised on
an as needed basis. The resulting contract will not be an exclusive contract and the City will
reserve the right to use other firms for public relations services, as it may deem necessary.
Video, footage, photographs or other materials used to produce streaming videos, commercials
or other related City media shall be the property of the City of Black Hawk or shall be licensed to
the City of Black Hawk for use determined by the City of Black Hawk.
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PROPOSAL SUBMITTAL REQUIREMENTS
Pubic Relations Services
Each proposal shall include responses to the following:
The consultant shall perform Public Relations services for the City of Black Hawk, Colorado as
Describe the background of your firm, the number of years the firm has been in
business, owners, management personnel, etc. Describe the company s previous and
current experience in representing local governments, including Public Relations
services with the Colorado legislature.
2. Professional Experience
Provide the name and role of each individual who would be assigned to the City of Black
Hawk contract. Identify the individual who would serve as the City of Black Hawk
primary contact. In addition, please provide a brief educational and professional
background as well as a description of experience with municipalities for these
Describe your firm s approach to providing the required services. Provide your current
client list and how your firm will accommodate the needs of all its clients. Please identify
any potential conflicts with existing or future clients and how they will be addressed.
Provide at least three (3) client references for similar requirements. These references
should reflect services provided by the individuals proposed for the City of Black Hawk
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Public Relations Services
Proposals will be evaluated based on the following criteria:
1. Qualifications of the firm in providing Public Relations services.
2. Previous and current experience with media relations.
3. Previous and current experience in representing local governments.
4. Qualifications and experience of the personnel to be assigned to the contract.
5. Approach to providing the required services.
6. A general demonstration of issues that could be of importance to the Cit of Black Hawk.
7. A disclosure of clients currently represented and a statement of whether there is any real
or perceived conflict on interest in representing the issues or advocacy for the City of
RFP Public Relations Services Page 10 August 17, 2009
Public Relations Services
Reimbursement will not be made for costs incurred prior to a formal award. The proposal must
be comprehensive and specify how the consultant would complete all of the elements of the
Scope of Work.
SAMPLE PROFESSIONAL SERVICES AGREEMENT
Included in this package is a sample of the standard Professional Services Agreement, used
by the City. Prospective consultants are requested to review this document and comment on
any areas of objections in their technical proposals.
Please refer to the sample Professional Services Agreement for the City s current insurance
INDEPENDENT CONTRACTOR AFFIDAVIT
The successful consultant is required to sign and notarize an affidavit stating that they are an
independent contractor. THE INDEPENDENT CONTRACTOR IS NOT ENTITLED TO
WORKERS COMPENSATION BENEFITS. AN INDEPENDENT CONTRACTOR IS
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED
PURSUANT TO THE CONTRACT RELATIONSHIP. ADDITIONALLY, IT IS UNDERSTOOD
THAT THE INDEPENDENT CONTRACTOR IS NOT ENTITLED TO UNEMPLOYMENT
INSURANCE BENEFITS UNLESS UNEMPLOYMENT COMPENSATION COVERAGE IS
PROVIDED BY THE INDEPENDENT CONTRACTOR OR SOME ENTITY OTHER THAN THE
CITY OF BLACK HAWK, COLORADO.
SUBLETTING OF CONTRACT
The Consulting Firm will agree not to assign or sublet the whole or any part of the contract
without the prior written consent of the City.
CHANGES IN SCOPE OF SERVICES
Any change of scope in the work to be performed after the original contract has been signed
shall be documented as a written change order, be accepted by all parties, and made a part of
the original contract by addendum.
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SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of , 200 ,
by and between the CITY OF BLACK HAWK, State of Colorado, a Colorado municipal corporation
(hereinafter referred to as the "City") and _____________________(hereinafter referred to as
A. The City requires _______________________services for the ongoing maintenance and
B. Contractor has held itself out to the City as having the requisite expertise and experience
to perform the required work for the Project.
NOW, THEREFORE, it is hereby agreed for the consideration hereinafter set forth, that Contractor shall
provide to the City [Describe nature of services] for the Project."
I. SCOPE OF SERVICES
Contractor shall complete the scope of services as described in Exhibit A attached hereto
and incorporated herein by this reference. Contractor shall furnish all labor and materials to
perform the work and services required for the complete and prompt execution and performance
of all duties, obligations, and responsibilities for the Project.
II. THE CITY'S OBLIGATIONS/CONFIDENTIALITY
The City shall provide Contractor with reports and such other data as may be available to the City
and reasonably required by Contractor to perform hereunder. No project information shall be disclosed
by Contractor to third parties without the prior written consent of the City or pursuant to a lawful court
order directing such disclosure. All documents provided by the City to Contractor shall be returned to the
City. Contractor is authorized by the City to retain copies of such data and materials at Contractor's
III. OWNERSHIP OF WORK PRODUCT
The City acknowledges that Contractor's documents produced under this Agreement are
instruments of professional services. Nevertheless, upon payment to Contractor pursuant to this
Agreement, all work, data, drawings, designs, plans, reports, computer programs (non-proprietary),
computer input and output, analyses, tests, maps, surveys, or any other materials developed for this
Project are, and shall be, the sole and exclusive property of the City. However, any reuse of the
documents by the City without prior written authorization by Contractor other than for the specific
intended purpose of this Agreement will be at the City's sole risk. Contractor will provide the City with a
ten (10) day written notice prior to disposal of Project documents it has retained, during which time the
City may take physical possession of same at the storage site.
RFP Public Relations Services Page 12 August 17, 2009
A. Compensation shall not exceed Amount of Contract for the work described in Exhibit
A. Payment shall be made in accordance with the schedule of charges in Exhibit A-1. Invoices will be
itemized and include hourly breakdown for all personnel and other charges.
B. Contractor may submit monthly or periodic statements requesting payment. Such request
shall be based upon the amount and value of the work and services performed by Contractor under this
Agreement except as otherwise supplemented or accompanied by such supporting data as may be required
by the City.
1. All invoices, including Contractor's verified payment request, shall be submitted
by Contractor to the City no later than the twenty-fourth (24th) day of each
month for payment pursuant to the terms of this Agreement. In the event
Contractor fails to submit any invoice on or before the twenty-fourth (24th) day
of any given month, Contractor defers its right to payment pursuant to said late
invoice until the twenty-fourth (24th) day of the following month.
2. Progress payments may be claimed on a monthly basis for reimbursable costs
actually incurred to date as supported by detailed statements, including hourly
breakdowns for all personnel and other charges. The amounts of all such
monthly payments shall be paid within thirty (30) days after the timely receipt of
invoice as provided by this Agreement.
C. The City has the right to ask for clarification on any Contractor invoice after receipt of
the invoice by the City.
D. In the event payment for services rendered has not been made within forty-five (45) days
from the receipt of the invoice for any uncontested billing, interest will accrue at the legal rate of interest.
In the event payment has not been made within ninety (90) days from the receipt of the invoice for any
uncontested billing, Contractor may, after giving seven (7) days written notice and without penalty or
liability of any nature, suspend all work on all authorized services specified herein. In the event payment
in full is not received within thirty (30) days of giving the seven (7) days written notice, Contractor may
terminate this Agreement. Upon receipt of payment in full for services rendered, Contractor will continue
with all authorized services.
E. Final payment shall be made within sixty (60) calendar days after all data and reports
(which are suitable for reproduction and distribution by the City) required by this Agreement have been
turned over to and approved by the City and upon receipt by the City of Contractor's certification that
services required herein by Contractor have been fully completed in accordance with this Agreement and
all data and reports for the Project.
V. COMMENCEMENT AND COMPLETION OF WORK
Contractor shall commence work upon the execution of this Agreement. This Agreement shall be
completed by Date.
VI. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby represents that it is qualified to assume the responsibilities and render
the services described herein and has all requisite corporate authority and professional licenses in good
standing, required by law.
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B. The work performed by Contractor shall be in accordance with generally accepted
professional practices and the level of competency presently maintained by other practicing professional
firms in the same or similar type of work in the applicable community.
C. Contractor shall be responsible for the professional quality, technical accuracy, timely
completion, and coordination of all designs, drawings, specifications, reports, and other services furnished
by Contractor under this Agreement. Contractor shall, without additional compensation, correct or
resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services
which fall below the standard of professional practice.
D. Approval by the City of drawings, designs, specifications, reports, and incidental work or
materials furnished hereunder shall not in any way relieve Contractor of responsibility for technical
adequacy of the work. Neither the City's review, approval, or acceptance of, nor payment for, any of the
services shall be construed to operate as a waiver of any rights under this Agreement, and Contractor shall
be and remain liable in accordance with applicable performance of any of the services furnished under
E. The rights and remedies of the City provided for under this Agreement are in addition to
any other rights and remedies provided by law.
VII. COMPLIANCE WITH LAW
A. The work and services to be performed by Contractor hereunder shall be done in
compliance with applicable laws, ordinances, rules, and regulations.
B. Illegal Aliens.
1. Certification. By entering into this Agreement, Contractor hereby certifies that,
at the time of this certification, it does not knowingly employ or contract with an illegal alien who
will perform work under the Agreement and that Contractor will participate in either the E-Verify
Program administered by the United States Department of Homeland Security and Social Security
Administration or the Department Program administered by the Colorado Department of Labor
and Employment in order to confirm the employment eligibility of all employees who are newly
hired for employment to perform work under the Agreement.
2. Prohibited Acts. Contractor shall not:
a. Knowingly employ or contract with an illegal alien to perform work
under this Agreement; or
b. Enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement.
a. Contractor has confirmed the employment eligibility of all employees
who are newly hired for employment to perform work under this Agreement through
participation in either the E-Verify Program or the Department Program.
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b. Contractor shall not use the E-Verify Program or the Department
Program procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
c. If Contractor obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien who is
performing work under the Agreement, Contractor shall:
i. Notify the subcontractor and the City within three (3) days that
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien who is performing work under the Agreement;
ii. Terminate the subcontract with the subcontractor if within three
(3) days of receiving the notice required pursuant to subparagraph (a) hereof, the
subcontractor does not stop employing or contracting with the illegal alien who is
performing work under the Agreement; except that Contractor shall not terminate
the contract with the subcontractor if during such three (3) days the subcontractor
provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien who is performing work under the
4. Duty to Comply with Investigations. Contractor shall comply with any
reasonable request by the Colorado Department of Labor and Employment made in the course of
an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is
complying with the terms of this Agreement.
5. If Contractor does not currently employ any employees, Contractor shall sign the
No Employee Affidavit attached hereto.
6. If Contractor wishes to verify the lawful presence of newly hired employees who
perform work under the Agreement via the Department Program, Contractor shall sign the
Department Program Affidavit attached hereto.
Contractor agrees to indemnify and hold harmless the City, its officers, employees, and insurers,
from and against all liability, claims, and demands, on account of injury, loss, or damage, including
without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property
loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner
connected with this Agreement, to the extent such injury, loss, or damage is caused by, or is claimed to be
caused by, the negligent act, omission, error, professional error, mistake, negligence, or other act of
negligence of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or
agent of Contractor, or which arises out of any workmen's compensation claim of any employee of
Contractor or of any employee of any subcontractor of Contractor. It is specifically understood and
agreed that in no event shall Contractor be required to pay an amount disproportionate to its culpability or
any share of any amount levied to recognize more than actual economic damages. The obligations of this
section are subject to any limitations, other indemnifications, or other provisions of this Agreement.
RFP Public Relations Services Page 15 August 17, 2009
A. The Contractor agrees to obtain and maintain during the life of this Contract, a policy or
policies of insurance against all liability, claims, demands and other obligations assumed by the
Contractor pursuant to Section VIII above. Such insurance shall be in addition to any other insurance
requirements imposed by this Contract or by law. The Contractor shall not be relieved of any liability,
claims, demands, or other obligations assumed pursuant to Section VIII above, by reason of its failure to
obtain and maintain during the life of this Contract insurance in sufficient amounts, durations, or types.
B. Contractor shall obtain and maintain during the life of this Contract, and shall cause any
subcontractor to obtain and maintain during the life of this Contract, the minimum insurance coverages
listed below. Such coverages shall be obtained and maintained with forms and insurers acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands and other
obligations assumed by the Contractor pursuant to Section VIII above. In the case of any claims-made
policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such
1. Worker s Compensation Insurance to cover obligations imposed by applicable
law for any employee engaged in the performance of the work under this Contract, and
Employers Liability Insurance with minimum limits of six hundred thousand dollars ($600,000)
each incident, one million dollars ($1,000,000) disease policy limit, and one million dollars
($1,000,000) disease each employee. Evidence of qualified self-insured status may be
substituted for the worker s compensation requirements under this paragraph.
2. Commercial general liability insurance with minimum combined single limits of
six hundred thousand dollars ($600,000) each occurrence and one million dollars ($1,000,000)
general aggregate. The policy shall be applicable to all premises and operations. The policy shall
include coverage for bodily injury broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket contractual
products, and completed operations. This policy shall contain a severability of interests
3. Professional liability insurance with minimum limits of six hundred, thousand
dollars ($600,000) each claim and one million dollars ($1,000,000) general aggregate.
4. The policy required by paragraph 2., above, shall be endorsed to include the City
and the City's officers, employees, and consultants as additional insureds. The policy required in
Paragraphs 1 and 2 above shall be primary insurance, and any insurance carried by the City, its
officers, its employees, or its consultants shall be excess and not contributory insurance to that
provided by Contractor. No additional insured endorsement to the policy required by paragraph
1., above, shall contain any exclusion for bodily injury or property damage arising from
completed operations. Contractor shall be solely responsible for any deductible losses under any
policy required above.
5. The certificate of insurance provided for the City shall be completed by
Contractor's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and approved
by the City prior to commencement of the Agreement. No other form of certificate shall be used.
The certificate shall identify this Agreement and shall provide that the coverages afforded under
the policies shall not be cancelled, terminated, or materially changed until at least thirty (30) days
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prior written notice has been given to the City. The completed certificate of insurance shall be
City of Black Hawk
P.O. Box 17
Black Hawk, Colorado 80422
Attn: Jeanie Magno, City Clerk
6. Failure on the part of Contractor to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
agreement upon which the City may immediately terminate this Agreement, or at its discretion,
the City may procure or renew any such policy or any extended reporting period thereto and may
pay any and all premiums in connection therewith, and all monies so paid by the City shall be
repaid by Contractor to the City upon demand, or the City may offset the cost of the premiums
against any monies due to Contractor from the City.
7. The City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
8. The parties hereto understand and agree that the City, its officers, and its
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations (presently one hundred fifty, thousand dollars ($150,000)
per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, Colo. Rev.
Stat. §24-10-101 et seq., 10 Colo. Rev. Stat., as from time to time amended, or otherwise
available to the City, its officers, its employees, or agents.
Neither this Agreement, nor any of the rights or obligations of the parties hereto, shall be assigned
by either party without the written consent of the other.
This Agreement shall terminate upon the City's providing Contractor with thirty (30) days
advance written notice. In the event the Agreement is terminated by the City's issuance of said written
notice of intent to terminate, the City shall pay Contractor for all work previously authorized and
completed prior to the date of termination. If, however, Contractor has substantially or materially
breached the standards and terms of this Agreement, the City shall have any remedy or right of set-off
available at law and equity. If the Agreement is terminated for any reason other than cause prior to
completion of the Project, any use of documents by the City thereafter shall be at the City's sole risk,
unless otherwise consented to by Contractor.
This Agreement shall be governed by the laws of the State of Colorado, and any legal action
concerning the provisions hereof shall be brought in the County of Gilpin, State of Colorado.
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XIII. INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any provision appearing in this
Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall
be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no
representation that it is the employee of the City for any purpose.
XIV. NO WAIVER
Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement
by the City shall not constitute a waiver of any of the other terms or obligations of this Agreement.
Any notice or communication between Contractor and the City which may be required, or which
may be given, under the terms of this Agreement, shall be in writing and shall be deemed to have been
sufficiently given when directly presented or sent pre-paid, first class United States Mail, addressed as
City of Black Hawk
P.O. Box 17
Black Hawk, Colorado 80422
Attn: Michael Copp, City Manager
INSERT NAME AND ADDRESS OF CONTRACTOR
XVI. ENTIRE AGREEMENT
This Agreement and the attached exhibits constitute the entire Agreement between
Contractor and the City, superseding all prior oral or written communications. None of the
provisions of this Agreement may be amended, modified, or changed, except as specified herein.
IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in
CITY OF BLACK HAWK, COLORADO
David D. Spellman, Mayor
Jeanie Magno, City Clerk
RFP Public Relations Services Page 18 August 17, 2009
APPROVED AS TO FORM:
Corey Y. Hoffmann, City Attorney
STATE OF COLORADO )
COUNTY OF _________________ )
The foregoing instrument was subscribed, sworn to, and acknowledged before me this _______
day of _______________________, 200 , by ______________________________________________ as
the _________________________ of _____________________________________.
My commission expires: ____________________________________
(S E A L)
PROSPECTIVE CONTRACTOR'S CERTIFICATE REGARDING EMPLOYING OR
CONTRACTING WITH AN ILLEGAL ALIEN
TO: City of Black Hawk
P.O. Box 17
Black Hawk, Colorado 80422
Bid Number Project No.
As a prospective Contractor for the above-identified bid, I (we) do hereby certify that, as of the date of
this certification, I (we) do not knowingly employ or contract with an illegal alien who will perform work
under the Agreement and that I (we) will confirm the employment eligibility of all employees who are
newly hired for employment to perform work under the Agreement through participation in either the E-
Verify Program administered by the United States Department of Homeland Security and Social Security
RFP Public Relations Services Page 19 August 17, 2009
Administration or the Department Program administered by the Colorado Department of Labor and
Executed this day of , 2008.
NO EMPLOYEE AFFIDAVIT
1. Check and complete one:
I, ________________________, am a sole proprietor doing business as
_________________________________. I do not currently employ any individuals. Should I employ
any individuals during the term of my Agreement with the City, I certify that I will comply with the
lawful presence verification requirements outlined in that Agreement.
I, __________________________, am an owner/member/shareholder of _______________, a
_________________[specify type of entity-i.e, corporation, limited liability company], that does not
currently employ any individuals. Should I employ any individuals during the term of my Agreement
with the City, I certify that I will comply with the lawful presence verification requirements outlined in
2. Check one.
I, ________________________, am a United States citizen or legal permanent resident.
The City must verify this statement by reviewing one of the following items:
o A valid Colorado Driver s license or a Colorado identification card
o A United States military card or a military dependent s identification card
o A United States Coast Guard Merchant Mariner card
o A Native American tribal document or
o In the case of a resident of another state, the driver s license or state-issued identification
card from the state of residence, if that state requires the applicant to prove lawful
presence prior to the issuance of the identification card
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o Any other documents or combination of documents listed in the City s Acceptable
Documents for Lawful Presence Verification chart that prove both the contractor s
citizenship/lawful presence and identity.
I am otherwise lawfully present in the United States pursuant to federal law.
Contractor must verify this statement through the federal systematic alien verification of
entitlement program, the SAVE program, and provide such verification to the City.
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DEPARTMENT PROGRAM AFFIDAVIT
(To be completed if Contractor participates in the
Department of Labor Lawful Presence Verification Program)
I, ________________________, as a public contractor under contract with the City of Black
Hawk (the City ), hereby affirm that:
1. I have examined or will examine the legal work status of all employees who are newly
hired for employment to perform work under this public contract for services ( Contract ) with the Town
within twenty (20) days after such hiring date;
2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a,
which verify the employment eligibility and identity of newly hired employees who perform work under
this Contract; and
3. I have not and will not alter or falsify the identification documents for my newly hired
employees who perform work under this Contract.
Contractor Signature Date
STATE OF COLORADO )
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of
__________, 2008, by _______________________ as _________________ of
My commission expires:
(S E A L) ___________________________________
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ACCEPTABLE DOCUMENTS FOR
LAWFUL PRESENCE VERIFICATION
Documents that Serve to Prove Citizenship/Lawful Presence and Identification:
Colorado Driver s License or Identification Card
Out of State drivers license from: AL, AZ, AR, CA, CT, DE, DC, FL, GA, ID,
IN, IA, KS, KY, LA, ME, MN, MS, MO, MT, NV, NH, NJ, NY, ND, OH, OK,
PA, RI, SC, SD, VA, WV, WY
A United States Military Card of a Military Dependent s Identification Card
A United States Coast Guard or Merchant Mariner Card
A Native American Tribal Document
Certificate of Naturalization with Photograph
Certificate of U.S. Citizenship with Photograph
U.S. Passport (less than 5 years old)
Northern Mariana Identification Card with Photograph
Documents that Only Serve to Prove Citizenship/Lawful Presence:
U.S. Birth Certificate
Certification of Report of Birth from Department of State
Report of Birth Abroad of a U.S. Citizen
U.S. Citizen Identification Card
Final Adoption Decree
Evidence of U.S. Civil Service Employment before June 1, 1976
Statement Provided by U.S. Consular Officer Certifying Citizenship
Religious Records Recorded in the 50 states, D.C., or a U.S. Territory
Showing Birth Date or Child s Age and Location of Birth in U.S.
Early School Records
Other Documents that Establish a U.S. Place of Birth or in Some Way
Indicates U.S. Citizenship
Documents that Serve to Prove Identification:
A Driver s License or Identification Card Regardless of the State of Issuance
School Identification Card with Photograph
Identification Card Issued by Federal, State or Local Government
A Driver s License Issued by a Canadian Government Authority
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